On May 8, 2017, Judge Ballard in the Circuit Court for Jefferson County, Alabama, entered an Order finding two provisions of the Alabama Workers’ Compensation Act unconstitutional. The Order stated that Ala. Code §§ 25-5-68 (maximum compensation) and 25-5-90 (statutory attorney’s fee) were invalid under the Alabama and United States Constitutions. Clower v. CVS Caremark Corp., CV-2013-904687). However, because one or more provisions was found unconstitutional, the entire act would be nullified. Judge Ballard determined that his Order would not go into effect for 120 days from the day of the Order.
The clear intentions of the Order were for the Alabama legislative branch to address the findings to prevent the implementation of the Order itself. At the time the Order was entered, May 8, 2017, the current legislative session would have had only one week to make the changes and, therefore, would not have adequate time to make the revisions required by Judge Ballard’s ruling.
Yesterday, Judge Ballard entered an Amended Order indefinitely staying his prior Order stating, “While not altering any of the findings therein, it is the express intention of the Court, through this Amended Order, to allow the legislature sufficient time to remedy the Constitutional insufficiencies in the Act addressed by the prior Order.” In the interim, Judge Ballard ruled that he will continue to administer pending workers’ compensation claims within the Court’s jurisdiction in accordance with the current Act, but was clear to note that he would re-instate the Order if he determined that the legislature was either unwilling or unable to take legislative action on these issues. For now, there is no immediate change on the current rates or fees allowed and the Workers’ Compensation Act remains in full effect as it did prior to Judge Ballard’s Order.